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Section 602.6401 - Number and apportionment.

IA Code § 602.6401 (2019) (N/A)
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602.6401 Number and apportionment.

1. Two hundred six magistrates shall be apportioned among the counties as provided in this section. Magistrates appointed pursuant to section 602.6303 or 602.6402 shall not be counted for purposes of this section.

2. By February of each year in which magistrates’ terms expire, the state court administrator shall apportion magistrate offices among the counties in accordance with the following criteria:

a. The existence of either permanent, temporary, or seasonal populations not included in the current census figures.

b. The geographical area to be served.

c. Any inordinate number of cases over which magistrates have jurisdiction that were pending at the end of the preceding year.

d. The number and types of juvenile proceedings handled by district associate judges.

3. Notwithstanding subsection 2, each county shall be allotted at least one resident magistrate.

4. By March of each year in which magistrates’ terms expire, the state court administrator shall give notice to the clerks of the district court and to the chief judges of the judicial districts of the number of magistrates to which each county is entitled. If the state court administrator does not give the notice as required in this subsection by March of each year in which magistrates’ terms expire, the existing magistrate apportionment in effect shall remain in effect through the succeeding magistrates’ terms, and any apportionment performed pursuant to subsection 2 is void until such succeeding terms expire.

83 Acts, ch 186, §7401, 10201; 2000 Acts, ch 1057, §10, 11; 2005 Acts, ch 171, §3; 2006 Acts, ch 1060, §4; 2006 Acts, ch 1129, §7; 2009 Acts, ch 179, §221, 222

Referred to in §602.6302, 602.6303, 602.6402, 602.6403

For provisions authorizing policies and procedures that may be contrary to the requirements of subsection 1 in order to efficiently and effectively administer justice throughout the state for each fiscal year of the fiscal period beginning July 1, 2017, and ending June 30, 2019, see 2017 Acts, ch 166, §14

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Section 602.6401 - Number and apportionment.